Facing a drug possession charge can be an incredibly stressful and intimidating experience. Your reputation, freedom, and future are on the line. However, an arrest is not a conviction. At the Law Offices of Nader Hasan, P.C., we know that a strong, strategic defense is possible by examining every detail of your case.
4 Key Defenses Against Drug Possession Charges in Virginia
Challenging the Legality of the Search and Seizure
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures by law enforcement. If the police found evidence during a traffic stop without probable cause or searched your property without a valid warrant, any evidence they collected may be inadmissible in court. This could result in the dismissal of your case.
Proving the Drugs Weren't Yours (Lack of Possession)
The prosecution must prove beyond a reasonable doubt that you knowingly and intentionally possessed the controlled substance. This is called "possession." If the drugs were found in a shared space, like a car with multiple passengers or a common area of a home, we can argue you did not have exclusive control or knowledge of them.
Questioning the Chain of Custody
From the moment evidence is seized until it is presented in court, law enforcement must maintain a strict and unbroken "chain of custody." This documented trail proves the evidence wasn't tampered with, lost, or mishandled. Any gap or error in this chain can compromise the integrity of the prosecution's case against you.
Verifying the Substance and its Quantity
It is the prosecution’s burden to prove the substance in question is, in fact, an illegal drug. This requires a formal analysis from a crime lab. Errors in testing, flawed procedures, or issues with the lab technician's credentials can be challenged. Furthermore, the specific quantity can significantly impact the severity of the charge.
A drug charge requires immediate and decisive action from an experienced Virginia defense attorney. We meticulously analyze every angle, from the initial police encounter to the forensic evidence, to protect your rights. Don't let a possession charge dictate your future. Your defense starts with a strong legal advocate fighting for you every step of the way.